When a court fails to confirm or secure a waiver as required by the Juvenile Waiver Statute, Trial Rule 60(B) is the appropriate avenue for a juvenile to challenge their agreed delinquency adjudication. Because the judgment is voidable, rather than void, when the Juvenile Waiver Statute is violated, Rule 60(B)(8) is the proper vehicle for a juvenile to collaterally attack their adjudication.
McNeil v. Anonymous Hospital, No. 22A-CC-2209, __ N.E.3d __ (Ind. Ct. App., Oct. 5, 2023).
Ind. Code § 31-33-6-1(b) represents a deliberate legislative policy determination that notwithstanding the reporting immunity provided under subsection (a), the standard of care for qualified healthcare providers under the Medical Malpractice Act applies to child abuse reporting.
Davis v. State, No. 22S-CR-253, __ N.E.3d __ (Ind., Oct. 3, 2023)(opinion on rehearing).
When a defendant waives the right to pursue their sentence as part of a plea agreement, they may not pursue a direct appeal of their sentence even if they can prove they did not knowingly and voluntarily waive the right to do so. A defendant must seek to vacate their guilty plea in post-conviction relief.
Indiana Right to Life Victory Fund v. Morales, No. 23S‐CQ‐108, __ N.E.3d __ (Ind., Sept. 25, 2023).
Ind. Code 3-9-2-3 to -6 prohibits or otherwise limits corporate contributions to political action committees or other entities that engage in independent campaign-related expenditures.
Winans v. State, No. 23A-CR-80, __ N.E.3d __ (Ind. Ct. App., Sept. 26, 2023).
Where a defendant preserves their right to a jury trial, failure to object to a subsequently scheduled bench trial is insufficient to constitute waiver.